Pre-App - Merrill Gardens - 2006M
group
September 26, 2006
Sharon Fierro
City of Campbell
Community Development Director
70 North First Street
Campbell, CA 95008-1436
RE: Pre 2006-36 -Preapplication for Mixed Use Development at 2091 South
Winchester Blvd.
Dear Sharon,
I wanted to thank you for your letter dated September 18, 2006 and respond to you with a
few clarifications regarding the proposed project at 2091 South Winchester Boulevard.
I'm requesting that you respond back to me in writing or in a meeting so that we can
resolve these issues before proceeding with a formal application. We are very interested
in working these issues out with you in an expeditious manner so that we can proceed
with the application.
Preapplication Review
We submitted a preliminary application in order to get a full picture of the issues facing
the project from all of the relevant departments. As of the date of your letter, the plans
had not been routed around to any of the other departments. I'm requesting that the plans
be circulated for comments as soon as possible. This will help us fully understand all the
comments and issues from all departments in addition to those outlined in your letter.
Use Designation
At our meeting on September 7th, we agreed that we would come to a mutual agreement
on how to define this use. Your letter states that the use is defined as a mixed use project
with retail on the ground floor, two levels of senior housing with a Convalescent
Hospital In keeping with the spirit of our earlier meeting, I would like for us to call this
project a Residential Care Facility (RCFE). As you've noted this project is zoned P-D
(Planned Development) and does not have any specific zoning requirements. The only
policy document governing this site is the General Plan. This site is designated as Central
Commercial and is governed by the policy statement:
metropolitan planning group i n c
4 0 0 west e v e l y n avenue S u n n y v a l e
C a l i f o r n i a 9 4 0 8 6
City of Campbell
September 26, 2006
Page 2
"The Central Commercial designation is used for the heart of Campbell including
parts of Campbell and Winchester Avenues in Downtown Campbell. This area is
intended to provide shopping, services and entertainment. Building forms in this
designation edge the street and should include retail commercial uses on the
ground floor with either office or residential uses on the second and third floors."
Since General Plans are meant to be guiding documents to help the community and
decision makers outline a framework for future development and Zoning Ordinances are
the tool to establish allowable uses and development standards, we feel that since this is a
P-D zone there should be some flexibility in the allowed uses. If one were to take the
Central Commercial language literally, as you have suggested, only retail on the ground
floor and residential on the upper floors would be permitted. This would not be desirable
from a land use point of view as it would preclude other desirable and beneficial land
uses such as hotels, including the recently constructed Marriott's at 690 E. Campbell
Avenue. We are asking that you take a look at the merits of this protect and see that it
can be an asset to the community. It would bring a population to the downtown that
would utilize the services that are within walking distance during the day, evening and
weekends; such services as the Farmer's Market would be wonderful for this senior
community.
The General Plan encourages "residential" for the upper floors. There are many different
kinds of residential including: senior housing, multi-family, single family etc. Under
senior housing your code defines several kinds including: assisted living facilities,
residential care facilities, residential service facilities and group homes. We see this type
of product, which is licensed by the State of California as a Residential Care Facility for
the Elderly (RCFE), and would ask that it be called that for purposes of this analysis. By
calling it what it is licensed for by the State, we don't feel that the use should then be
prohibited, as your letter indicated, but rather it is just a type of well regulated, safe and
decent senior housing, which is a subset of "residential." The Campbell zoning code
definition of Residential Service Facility clearly describes the use as proposed.
Density
We still find it challenging to have this project comply with the General Plan density
standards for residential. The zoning ordinance tries to quantify uses to minimize
impacts on the community. One of the leading impacts is always parking. This type of
project serves an older population that does not generally drive on a regular basis.
According to the zoning code, 52 parking spaces are required for 159 units (159 units x
.33 parking spaces). If this project were a typical multi-family project built at the same
density it would require 556 parking spaces (159 units x 3.5 parking spaces). It is hard to
understand how these two uses with such different parking demands should be treated the
same under the City's density requirements. However, we are agreeable to work within
the City's density limitations with the exception of the Alzheimer units.
City of Campbell
September 26, 2006
Page 3
As a full service RCFE, the project contains 21 rooms that are set up especially for
Alzheimer patients. These rooms don't have kitchens and are clearly not the same as a
residential unit. However, they also don't meet the definition of a convalescent home in
that they do not have 24-hour licensed nursing personnel. The zoning definition
specifically excludes RCFE units. We would ask that you look at these units as a
"service" use allowed under the General Plan. They should not count towards the density
requirement, just at the other services provided on site, such as the common dining room
and retail are not counted towards the density. Other communities such as Palo Alto (for
their new RCFE building at the corner of Page Mili and El Camino Real) have excluded
the Alzheimer units and classified them as service uses.
If we are required to adhere to the density requirements, we will be asking for a density
bonus between 25-35%. We would like to sit down with you and Kirk Heinrichs, since
you are both involved in this issue to discuss in more detail. In order for this to be
financially feasible, the affordable requirements must not be "cumulative." The 15%
inclusionary requirement must count towards the bonus requirement. Otherwise, 35%
affordable units are required to achieve a 35% density bonus, which does not constitute a
density "bonus."
The proposed project contains:
Alzheimer Units 21
Inde endent Living Units 26
Assisted Living Units 112
Total Units 159
Land Area
Your letter indicates that the site area is 2.53 acres. However, the site is approximately
3.5 acres which does change some of the density calculations you provided. It appears
that you may have not included the land area of the adjacent lot at APN: 305-31-052.
The proposed development on this lot includes the Alzheimer units on the ground floor
and RCFE units on the second floor. The applicant has been working to include this
parcel into the project. Currently this lot only has access off of Winchester across a 15-
foot wide easement and is essentially land locked. Including this lot in this project is a
great way to fully utilize this site for redevelopment.
We appreciate the time you are taking to review this project, and hope that you work with
us to see that this can be a wonderful asset to the community and be a fantastic
redevelopment of this site. We are open to meeting with you again if necessary and hope
to hear from you as soon as possible. Thank you for your consideration.
City of Campbell
September 26, 2006
Page 4
Regards,
Whitney McNair
Metropolitan Planning Group
cc: Kirk Heinrichs, Redevelopment Manager, City of Campbell
Jackie Young Lind, Senior Planner, City of Campbell
Geoff Bradley, Metropolitan Planning Group
Libby Glass, Barry Swenson Builder
777 North Pirst Street, 5th Floor
San Jose, CA 95112
Thompson Trust
245-M Mt. Hermon Road # 19$
Scotts Valley, CA 95066
Annette Martin
2075 Winchester Blvd. # 107
Campbell, CA 95008
James D. Rivard and Ryan Leong, SRM Development, LLC
104 S. Division
Spokane, WA 99202